Massachusetts Softens The Gift Ban Law

On July 8, 2012, Massachusetts Governor Deval Patrick signed into law amendments to the Massachusetts Pharmaceutical and Medical Device Manufacturer Code of Conduct, frequently referred to as the "gift ban law." The amendments softened the strict gift ban law in several ways.

First, pharmaceutical and medical device manufacturers are now permitted to provide "modest meals and refreshments" (to be defined by the Massachusetts Department of Public Health ("DPH") through regulations) in connection with educational presentations to educate health care practitioners about the benefits, risks, and appropriate uses of their products, or to provide scientific information.

However, manufacturers must file a quarterly report with DPH detailing all of the "non-CME educational presentations at which such meals or refreshments are provided." The report must include:

The location of the non-CME presentation; A description of any pharmaceutical products, medical devices, or other products discussed during the presentation; and The total amount expended on the presentation, along with an estimate of the amount expended per participant (accounting for meals, refreshments, or other items of economic value provided). Second, medical device manufacturers may pay for a health...